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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 210-S.F.No. 1099 
                  An act relating to health; modifying training 
                  requirements for nursing assistants; requiring an 
                  evaluation; amending Minnesota Statutes 1998, section 
                  144A.61, subdivisions 2 and 3a. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 144A.61, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NURSING ASSISTANTS.] For the purposes of this 
        section and section 144A.611 "nursing assistant" means a nursing 
        home or certified boarding care home employee, including a 
        nurse's aide or an orderly, who is assigned by the director of 
        nursing to provide or assist in the provision of nursing or 
        nursing-related services under the supervision of a registered 
        nurse.  "Nursing assistant" includes nursing assistants employed 
        by nursing pool companies but does not include a licensed health 
        professional.  The commissioner of health may, by rule, 
        establish categories of nursing assistants who are not required 
        to comply with the educational requirements of this section and 
        section 144A.611. 
           Sec. 2.  Minnesota Statutes 1998, section 144A.61, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [COMPETENCY EVALUATION PROGRAM.] The 
        commissioner of health shall approve the competency evaluation 
        program.  A competency evaluation must be administered to 
        nursing assistants persons who desire to be listed in the 
        nursing assistant registry and who have done one of the 
        following:  (1) completed an approved training program; or (2) 
        are enrolled in a licensed nurse education program.  The tests 
        may only be administered by technical colleges, community 
        colleges, or other organizations approved by the department of 
        health.  The commissioner of health shall approve a nursing 
        assistant for the registry without requiring a competency 
        evaluation if the nursing assistant is in good standing on a 
        nursing assistant registry in another state. 
           Sec. 3.  [EVALUATION OF MODIFICATIONS IN COMPETENCY 
        EVALUATION PROGRAM.] 
           After one year of implementation, the commissioner of 
        health shall evaluate the impact of allowing persons to take a 
        nursing assistant competency evaluation test without first 
        completing an approved training program or enrolling in a 
        licensed nurse education program.  The evaluation must include a 
        determination of the positive and negative impact, if any, of 
        allowing persons to qualify as nursing assistants without 
        completing a training program.  The result of the evaluation 
        must be reported to the chairs of the house health and human 
        services committee and the senate health and family security 
        committee by December 1, 2000. 
           Presented to the governor May 21, 1999 
           Signed by the governor May 24, 1999, 9:55 a.m.